when does the us attorney assert jurisdiction over a crime

How does a state get jurisdiction of a case?

¾ The United States, and any other country, may assert jurisdiction over anyone committing a heinous crime, regardless of the location of the crime or nationality of offender or victim.

When does a foreign defendant have jurisdiction in the United States?

Apr 20, 2007 · he purpose of this issue of United States Attorneys' Bulletin is to address legal rinciples governing matters that frequently arise in the prosecution of extraterritorial terrorism cases. These include the ability of the United States to proscribe such acts and assert jurisdiction over them, the determination of the district in which such

Can a US citizen assert jurisdiction in another country?

Briefly, the effects doctrine says that if the effects of extraterritorial behavior or crimes adversely affect commerce or harm citizens within the United States, then jurisdiction in a U.S. court is permissible. The first case to establish the effects doctrine was United States v. Alcoa, 148 F.2d 416 ( 2d Cir. 1945) ( Learned Hand, J.).

How does the first court exercise jurisdiction over the defendant?

United States stated that its primary objection to the treaty is the potential for the ICC to assert jurisdiction over both U.S. civilian policymakers and U.S. soldiers charged with “war crimes” even if the United States does not ratify the Rome Statute. Following the Rome Statute’s entry into force in 2002, both President George W. Bush’s

What types of cases are handled by the US Attorneys Office?

The U.S. Attorney's Office represents the United States in federal cases, including all federal criminal cases. These cases are heard in any of the three federal courthouses in the District: in Charlotte, in Statesville, and in Asheville . The D.A.'s Office, by contrast, prosecutes state crimes, not federal crimes.Oct 12, 2021

Does the US attorney general prosecute?

The Attorney General of California is the chief law officer of California and the state's primary legal counsel. The attorney general "[sees] that the laws of the State are uniformly and adequately enforced" and prosecutes violations of state law through the California Department of Justice, which he or she oversees.

At which point in the criminal process does the right to counsel end?

As a general matter people are entitled to counsel from the time of arraignment until the end of a trial. The right begins before the trial itself because courts have acknowledged that early events are critical to the criminal proceeding as a whole.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What does US Attorney office do?

The U.S. Attorney's Office (USAO) is the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases as either the defendant or plaintiff, as appropriate. However, they are not the only ones that may represent the United States in Court.

What are the responsibilities of the US attorney general?

The principal duties of the Attorney General are to:Represent the United States in legal matters.Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.More items...•Oct 8, 2021

What does the right to counsel legal representation entail in criminal law and procedure?

The Constitution grants an accused the right to be defended by a legal counsel of his own choice, before a court of law, in addition to the fundamental right of consulting one whilst in police custody and any refusal of the police in not allowing the accused to meet his counsel or relatives is unjustified and in ...

What does it mean to invoke your right to counsel?

The right to counsel refers to the right of a criminal defendant to have a lawyer assist in his defense, even if he cannot afford to pay for an attorney.

During which part of the criminal justice process is the judge most visible select one?

During which part of the criminal justice process is the judge most visible? Trial.

What is it called when prosecutors elect not to prosecute?

Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.

What is exculpatory evidence?

Exculpatory evidence includes any evidence that may prove a defendant's innocence. Examples of exculpatory evidence include an alibi, such as witness testimony that a defendant was somewhere else when the crime occurred.Jul 30, 2020

Can police decide not to prosecute?

If the Crown Prosecution Service (CPS) or police decide not to charge a suspect then he will have no further action taken against him. A decision not to charge is sometimes called a decision not to prosecute or taking no further action ('NFA').

What is the principle of jurisdiction?

The principle holds that all states have jurisdiction over crimes that are universally recognized to be a crime against humanity. These have historically included piracy, slave-trading, torture, genocide, and perhaps terrorism. In the United States, the federal courts have recognized an important mechanism for acquiring jurisdiction ...

What is public international law?

Mechanism in public international law for exercising jurisdiction over an international defendant. There are several mechanisms in public international law whereby the courts of one country (the domestic court) can exercise jurisdiction over a citizen, corporation, or organization of another country ...

What is the territorial principle?

It is the idea that a state may claim jurisdiction over persons and events inside its own territory. So, foreign nationals committing crimes in the U.S. are subject to U.S. courts and U.S. laws.

What is the protective principle?

The protective principle is one of national security and it holds that a state may have jurisdiction over a defendant accused of acts in pursuance of overthrowing the host state's government. See United States v. Yousef, 327 F3d 56 (2d Cir. 2003). The universality principle (principle of universal jurisdiction) is closely aligned with ...

What is the effect doctrine?

The effects doctrine is an offshoot of the territorial principle. Briefly, the effects doctrine says that if the effects of extraterritorial behavior or crimes adversely affect commerce or harm citizens within the United States, then jurisdiction in a U.S. court is permissible. The first case to establish the effects doctrine was United States v.

What court case did Yahoo! sue?

In a procedurally complicated case, Yahoo! Inc. v. La Ligue Contre Le Racisme et l'Antisemitisme (LICRA), the 9th Circuit Court of Appeals held that it had personal jurisdiction over two French organizations who sued Yahoo! in a French court. The court found that all of the following acts, in combination, were sufficient contacts to create personal jurisdiction over the French organizations: sending letters to Yahoo!, suing Yahoo! and serving Yahoo! in California, and the suit resulting in orders that Yahoo!'s officers in California comply with French law.

What is the nationality principle?

The nationality principle holds that the government of a citizen can obtain jurisdiction over its citizen even when that citizen is abroad. For example, U.S. citizens are still required to pay federal taxes to the U.S. government when abroad and may be prosecuted for a failure to do so.

What is the purpose of jurisdiction in a criminal case?

Jurisdiction in a criminal case addressespower or authority—the question of jurisdictioninforms prosecutors of both the authority bywhich Congress enacts legislation and theauthority that the courts have to act in a particularcase.

What is extraterritorial jurisdiction?

Extraterritorial jurisdiction simply relates tothe authority of a government to criminalizeactivity that occurs outside its territorial borders,or to investigate or prosecute such activity. Theexercise of extraterritorial jurisdiction by one statewith respect to criminal activity necessarilyencroaches, in some measure, upon thesovereignty of the nation where the offenseoccurred. Under customary international law,there are five generally recognized principlesupon which a country can permissibly assertextraterritorial jurisdiction. See United States v.Yousef, 327 F.3d 56, 91-92 (2d Cir. 2003). Thejurisdictional bases include the following.

Who is John De Pue?

‘John De Pue joined the Criminal Division'sAppellate Section in 1978. Eleven years later, hejoined the Criminal Division's General LitigationSection as its senior legal advisor forcounterterrorism and, upon the establishment of aCounterterrorism Section in that Division, servedas its principal appellate advocate. In thatcapacity, he litigated several of the Department'smajor cases involving the assertion ofextraterritorial jurisdiction. Prior to joining theDepartment of Justice he served in the Army'sJudge Advocate General Corp in the Republic ofViet Nam and taught international law at WestPoint. He retired from the Army Reserve in 2000with the rank of Brigadier General, and from theDepartment of Justice in 2005. He subsequentlyreturned to duty with the Justice Department as anannuitant.a

Who is Jeff Breinholtis?

‘Jeff Breinholtis Deputy Chief,Counterterrorism Section, National SecurityDivision, and heads the Terrorist Financing Unit.He joined the Department of Justice with the TaxDivision, Western Criminal Enforcement Sectionin 1990 and spent six years as a Special AssistantU.S.Attorney for theDistrict of Utah beforejoining the Counterterrorism Section in 1997. Heis a part-time lecturer at George WashingtonUniversity Law School, and a Research andPractice Associate of the Syracuse UniversityInstitute for National Security andCounterterrorism. He is the author of two booksand several articles on law enforcement andintelligence issues.a

What is the meaning of 2339A?

Title 18 U.S.C. §§ 2339A and 2339B,respectively, prohibit providing "material supportor resources" knowing or intending that they areto be used in preparation for, or carrying out, oneof a number of enumerated terrorist crimes(§ 2339A) or knowingly providing "materialsupport or resources" to a foreign terroristorganization (FTO) (§ 2339B). Both statutesembrace attempts and conspiracies as well. Sincethe events of September 11, 2001, these twostatutes have become mainstays in theDepartment's war on terrorism. As of April 2005,eighty-nine persons have been charged withviolations in sixteen different districts. In addition,

Who is Karl Sandoval?

‘Karl Sandoval is a Trial Attorney in theTerrorist Financing Unit of the CounterterrorismSection, National Security Division. He was anAssistant U.S. Attorney for the Southern Districtof California before joining the CounterterrorismSection in 2006. Mr. Sandoval was in private civilpractice for ten years before joining the U.S.Attorney's Office in 2004.a

What is the stag hunt?

The Stag Hunt illustrates a situation where nocommunication is permitted between the players .Moreover, each game ignores the iterative nature ofcommunication, where players make a series ofmoves that are informed by the other player'schoices. In the real world, this is represented by thegive and take of negotiation. In game theory, this isreferred to as the "extensive form" game model. Inthis model, players have an opportunity to assessand recalibrate their strategy over the course ofrepeated interactions.